These terms form a legally binding agreement between Users (“User(s), you, your, yourself”) and MVD Hospitality & Facility Management Services Pvt. Ltd. and/or its subsidiaries and affiliates (“NxtDwell, we, us, our”). These terms shall govern the use of the website, mobile application, call centres (collectively referred to as “NxtDwell Platform”) which enables the User to connect with us in relation to the services offered through the NxtDwell Platform (“Services”).
Table of Contents:
1.Scope of Services
2. Eligibility to use
3.Using the NxtDwell Platform: Account Registration and use
4. Term & Termination
5. Terms specifically applicable to Customers
6. Usage Terms
7.Prohibited content and use
9.Third Party Links
13. No warranty
14. Limitation of Liability
15. General Provisions
1.Scope of Services
NxtDwell through the NxtDwell Platform connects Users with third parties to use NxtDwell branded properties managed and/or owned by third parties (“Channel Partners”) or NxtDwell as the case maybe to help the Users avail the Services. NxtDwell Platform offers Services to its Users by offering its products (“NxtDwell Products”) which shall include but shall not be limited to:
b. Guest Houses
c. Paying Guest Accommodation
d. Second Home Concept
e. Corporate Bookings
2.Eligibility to Use
You must be at least eighteen (18) years of age or above and capable of entering, performing and adhering to these terms. While individuals under the age of 18 may utilize/browse the NxtDwell Platform, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such parent /legal guardian’s registered account. NxtDwell reserves the right to terminate User’s access and refuse to provide User with access to the NxtDwell Platform if NxtDwell discovers that User is under the age of 18 years.
3. Using the NxtDwell Platform : Account Registration and Use
NxtDwell makes the Services available to you through the NxtDwell Platform upon you providing NxtDwell certain required User information and having created an account (“Account”) through NxtDwell ID and password or other log-in ID and password (collectively, the “Account Information”). The NxtDwell Platform requires you to register as a User by creating an Account in order to utilize the Services provided. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify NxtDwell of any unauthorized use of its Account Information or any other breach of security, and (b) ensure that you exit/log out from the account at the end of each session. NxtDwell cannot and shall not be liable for any loss or damage arising from your failure to comply with this clause. You may be held liable for losses incurred by NxtDwell or any other customer or visitor to the NxtDwell Platform due to authorized or unauthorized use of your account as a result of your failure in keeping its Account Information secure and confidential.
NxtDwell also allows restricted access to the NxtDwell Platform for unregistered users. At the time of registration, you shall ensure that the Account Information provided by you in the NxtDwell Platform registration form is complete, accurate and up-to-date. Use of another user’s account information is expressly prohibited.
4. Term & Termination
In case you wish to discontinue you can at any point opt out of your membership of the Platform. NxtDwell deserves the right to unilaterally terminate your use of the NxtDwell Platform without notice or any liability for reasons of breach of the terms mentioned herein.
5. Terms specifically applicable to Customer:
Users availing Services and NxtDwell Products via the NxtDwell Platform (hereinafter referred to as “Customers”) shall be governed by the following terms and conditions
- Reservation or Booking of Services
The process of booking Services from this NxtDwell Platform may require you to disclose your personal and confidential information. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services. The User agrees, acknowledges and confirms that before placing any order on the NxtDwell Platform, the User shall check the Service description and price carefully and by placing an order for a Service you agree to be bound by these terms including the Services’ description. You shall only place the order after fully satisfying yourself with the price, description, look as has been displayed on NxtDwell Platform. NxtDwell shall not be responsible unsatisfactory or delayed performance of services or damages or delays as a result of Channel Partner’s act’s or omissions That relying on declarations, confirmations, information and obligations made/undertaken by the User in accordance with the terms, and believing the same to be true and acting on the faith thereof, NxtDwell has agreed to provide the Services to the User as per the terms mentioned herein. In particular, the User does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to NxtDwell:
A. The User is not under any legal or other deficiency which prevents/may prevent the User from: (i) entering into a valid contract under the applicable laws; and (ii) making valid payment to NxtDwell for Services ordered by the User.
B. In the event of detecting any suspicious activity from User’s account, NxtDwell reserves the right to cancel all pending and future orders owing to any such incident without any liability to the User.
C. In a credit card transaction; you must use your own credit card for which User has full right & authority to validly use such Credit Card for making payment to NxtDwell. NxtDwell shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on User.
D. While using the NxtDwell Platform User shall at all times strictly comply with the payment procedure and the terms mentioned herein in their entirety.
E. Your use of the Services shall be deemed that you are fully satisfied with the description, look and design of the accommodation and usage fee of the accommodation as has been displayed on NxtDwell’s Platform.
The User agrees and acknowledges that in the NxtDwell Platform all Services are offered only at the sole discretion of NxtDwell.
- Payment & Usage Fee
You hereby agree and understand that you will have to pay the usage fee as mentioned on the NxtDwell Platform for the concerned Services via the payment mode provided on the NxtDwell Platform post which User’s requested reservation will be confirmed. Once the reservation has been confirmed, NxtDwell will debit the usage fee from the payment mode selected by the User. The User agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the User and the User undertakes to provide complete, correct and proper information.
NxtDwell uses third party payment providers to receive payments from User. NxtDwell is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. NxtDwell takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
User making payments for Services provided via the NxtDwell Platform, would be making payments to the entities mentioned as per the link mentioned in the tab named Payment for Services.
- No Warranty
By using the NxtDwell Platform you hereby acknowledge and agree that NxtDwell is not a hotel/guest house owner/ and has no control over the conduct or behavior of the management of any property or the quality, fitness or the suitability of the services provided by third party offering services. NxtDwell disclaims any and all liabilities in this regard. You are requested to kindly take due care of all their personal valuables and belongings. NxtDwell and its employees shall NOT be responsible for any loss, theft or damage to the Guests’ personal valuables and belongings.
6. Usage Terms
The information, materials, Services available on the NxtDwell Platform may inadvertently include inaccuracies, typographical errors, or outdated information, NxtDwell is not responsible for and shall not be bound to honor typographical or pricing errors on the NxtDwell Platform. NxtDwell reserves the right to refuse or cancel orders at any time, including but not limited to the orders that contain incorrect prices or product descriptions, orders in which NxtDwell believes the User has violated applicable laws or these terms, orders that NxtDwell believes are harmful to NxtDwell or orders that NxtDwell believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. NxtDwell neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. NxtDwell expressly disclaims any warranties whether express or implied about the accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components of the Services and/or products.
NxtDwell shall not be responsible for the delay or inability to use the NxtDwell Platform unrelated functionalities, the provision of or failure to provide functionalities, or for any information, software, Services, functionalities and related graphics obtained through the NxtDwell Platform, or otherwise arising out of the use of the NxtDwell Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, NxtDwell shall not be held responsible for non-availability of the NxtDwell Platform during periodic maintenance operations or any unplanned suspension of access to the NxtDwell Platform that may occur due to technical reasons or for any reason beyond NxtDwell’s control. The User understands and agrees that any material or data downloaded or otherwise obtained through the NxtDwell Platform is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. NxtDwell accepts no liability for any errors or omissions, with respect to any information provided to the User.
7. Prohibited Content:
As a pre-condition of use of the NxtDwell Platform, User warrants to NxtDwell that User shall not use this NxtDwell Platform for any purpose that is unlawful, unauthorized, or inconsistent with these terms, and the User agrees that this license to use NxtDwell Platform will terminate immediately upon User’s violation of this warranty. NxtDwell reserves the right, at its sole discretion, to block/terminate User’s access to this NxtDwell Platform and its content at any time, with or without notice. The User agrees, acknowledges, confirms and undertakes that the registration data, information/data provided or uploaded onto the NxtDwell Platform by the User:
a. shall not be false, inaccurate, misleading or incomplete; or
b. shall not be fraudulent or involve the use of counterfeit or stolen Credit Cards; or
c. shall not infringe any third party’s intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; or
d. shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; or
e. shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; or
f. shall not create liability for NxtDwell or cause NxtDwell to lose (in whole or in part) the services of NxtDwell’s ISPs or other service providers/suppliers. If the User contravenes the foregoing or NxtDwell has reasonable grounds to suspect that the User has contravened the foregoing, NxtDwell has the right to indefinitely deny or terminate User’s access to the NxtDwell Platform and to refuse to honour the User’s request(s)
The Users are prohibited from engaging in the following activities:
- Systematically retrieve data or other content from the NxtDwell Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the NxtDwell Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Circumvent, disable, or otherwise interfere with security-related features of the NxtDwell Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the NxtDwell Platform and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the NxtDwell Platform.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the NxtDwell Platform or the networks or services connected to the NxtDwell Platform.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile.
- Use any information obtained from the NxtDwell Platform in order to harass, abuse, or harm another person.
- Use the NxtDwell Platform as part of any effort to compete with us or otherwise use the NxtDwell Platform and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the NxtDwell Platform.
- Attempt to bypass any measures of the NxtDwell Platform designed to prevent or restrict access to the NxtDwell Platform, or any portion of the NxtDwell Platform.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the NxtDwell Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the NxtDwell Platform.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the NxtDwell Platform, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the NxtDwell Platform.
- Use the NxtDwell Platform in a manner inconsistent with any applicable laws or regulations.
When you use the NxtDwell Platform, you agree and understand that you are communicating with NxtDwell through electronic records and you consent to receive communications via electronic records from NxtDwell periodically and as and when required. NxtDwell may communicate with you by email or by such other mode of communication, electronic or otherwise. You specifically agree that NxtDwell shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received. Further, NxtDwell will make best efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this NxtDwell Platform, you agree that NxtDwell shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing you agree that NxtDwell shall not be held liable or responsible for ‘phishing attacks’ on you. You may accept or decline the cookies when you access NxtDwell Platform. It is the User’s responsibility to set his browser to alert him to accept or to reject cookies.
9. Third Party Links
This NxtDwell Platform may at NxtDwell sole discretion, contain links to NxtDwell Platforms owned and maintained by persons or entities other than NxtDwell. NxtDwell may also provide links to the other sites for purpose of enabling the Customer to make payment to NxtDwell. Any of the foregoing links do not constitute an endorsement by NxtDwell of any such sites and are provided only as a convenience. NxtDwell is not responsible for the content or links displayed on such sites. NxtDwell is not responsible for the privacy practices of such sites which NxtDwell does not own, manage or control. NxtDwell does not regularly review, and makes no warranty or representation regarding materials posted, or Services or services offered, on the sites to which this NxtDwell Platform may be linked and NxtDwell shall not be responsible for any deficiency thereof. NxtDwell does not endorse any or all of the materials, Services, and services available on such linked sites, and NxtDwell expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the Services and services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of User and is made at User’s own risk.
10. Intellectual Property
NxtDwell Platform and the content posted herein which shall include but shall not be limited to pictures, branding, text, graphics, designs, brand logos, audio, video, interfaces and /or any other information, or the overall arrangement of content is protected and is owned, controlled or licensed by or to NxtDwell; all comments, feedback, ideas, suggestions, information or any other content provided by the User(hereinafter referred to as “NxtDwell IP”). You may not modify, publish, copy, transmit, transfer, sell, reproduce, modify create derivative works from, license, distribute, frame, hyperlink, download, repost, perform, translate, mirror, display or commercially exploit NxtDwell IP in any other way.
The User agrees that any feedback, comments, ideas, suggestions, information, or any other content which User contributes to NxtDwell or NxtDwell Platform (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for NxtDwell to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. The User represents and warrants that User owns or otherwise controls all of the rights to the content that he/she may contribute to this NxtDwell Platform and that use of his/her content by NxtDwell shall not infringe upon or violate the rights of any third party.
Without prejudice to and in addition to any other remedies, reliefs or legal recourses available to NxtDwell herein or any applicable laws or otherwise, User agrees to indemnify, defend and hold NxtDwell harmless including but not limited to its affiliate, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by NxtDwell that arise out of or related to your use or misuse of the of the Website, any violation by you of these terms and conditions, or any breach of representations, warranties and covenants made by you herein.
13. No warranty
It is hereby further clarified that NxtDwell and Channel Partners are separate and independent entities and NxtDwell does not work as representative or agent of the Channel Partner. By making a reservation/booking at the listed Accommodations the User enters into commercial/ contractual terms as offered by and agreed to between Channel Partner and the User alone.
The User hereby assumes the sole risk of booking or making use or relying on the information relating to the Services available on this Website/ Mobile Application/ Call Centre/ Partners. It is User’s responsibility to check the details of the Accommodations listed on the NxtDwell Platform at its sole discretion. NxtDwell shall not be responsible and shall not be required to mediate or resolve any dispute or disagreement between User and Channel Partner. In no event, shall NxtDwell be made a party to dispute between User(s) and Channel Partner(s) except in cases of online payments where NxtDwell shall be considered the first point of contact. NxtDwell will be the first point of contact in respect of online payment dispute management, refunds, cancellations, returns and customer support as they relate to the use of NxtDwell platform. User can reach out to NxtDwell to mediate or resolve any online payment dispute or disagreement between User and Channel Partners.
14. Limitation of Liability
NxtDwell shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this NxtDwell Platform or any of the information, software, services and related graphics contained within the NxtDwell Platform or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if NxtDwell has been advised of the possibility of damages.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, NXTDWELL’S ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF AVAILING NXTDWELL SERVICES/ BROWSING THE NXTDWELL PLATFORM SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH CLAIM.
15. General Provisions
Governing Law and Jurisdiction: This Agreement, and all transactions entered into on or through NxtDwell Platform shall be interpreted, construed and governed by the laws of India which shall be applicable to this Agreement without regard to principles of conflict of laws. User agrees that all claims, differences and disputes arising under or in connection with or in relation hereto the NxtDwell Platform, the terms or any transactions entered into on or through the NxtDwell Platform or the relationship between User and NxtDwell shall be subject to the exclusive jurisdiction of the courts at Delhi and User hereby accede to and accept the jurisdiction of such courts.
No Waiver :Any failure, delay or forbearance on the part of NxtDwell in: (i) exercising any right, power or privilege under this Agreement; or (ii) enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by NxtDwell of any right, power or privilege preclude any other future exercise or enforcement thereof.
Severability: The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.